ATTACHMENT 11 PLAN OF MANAGEMENT (19 PAGES)
7. Issues Raised in Submissions
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front setback to further contribute to the landscaped setting of the neighbourhood. It is considered that the proposal provides an acceptable landscape outcome.
• Conservation areas are usually selected because they exhibit consistency of scale, style or material. In conservation areas, a higher level of similarity between the proposed and the existing is expected than elsewhere. The similarity may extend to architectural style expressed through roof form, fenestration and materials.
The subject site has not been identified as containing any heritage items, and the subject site is not located with a heritage conservation area.
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Circuit is above the flood planning level.
This requirement is reinforced via condition of consent (refer to Condition 9).
Concerns regarding the height of proposed retaining walls along the rear boundary.
Retaining wall heights have been enforced for other residents at a maximum of 600mm.
A detailed retaining wall plan has been submitted which details that the rear retaining walls do not exceed 600mm in height (refer to Attachment 13).
Concerns regarding the proposed basement. No other dwellings in the street have a basement.
The DCP does not specifically prohibit basement parking, and each application is assessed on its individual merits. The proposed basement car park has been assessed against the relevant provisions of Council’s DCP and is considered acceptable in this instance. It is noted that Part 3.8 of the Child Care Planning Guidelines recommends that basement parking be provided for child care centres to optimise the use of a site and minimise visual impacts.
Concerns regarding the permissibility of an underground commercial car park in the R2 Low Density Residential zone.
The proposed basement parking area is considered ancillary to the primary use of the development and is not a standalone car park. The basement car park is not prohibited development.
Concerns regarding the proposal’s compliance with the SEPP, LEP and DCP. The proposal does not appear to comply with the relevant legislation and policies.
The proposal has been assessed against the relevant legislation and policies as discussed in the body of this report. Any variations to the relevant controls have been suitably justified in the body of the report.
Child care centres that get approved in residential areas cause amenity issues to neighbouring residents and the outcome is often never satisfactory.
Child Care Centres are permissible in the R2 Low Density Residential zone.
Conditions of consent are imposed to mitigate any unacceptable acoustic amenity impacts on neighbouring properties (refer to Conditions 16, 68, 72, 74, 79, 81 and 82).
Concerns regarding the number of staff members on-site at any one time. It is not clear whether there will be additional staff (e.g. centre manager, administration staff, casual employees, maintenance staff).
A maximum of 6 staff members are proposed. This number is inclusive of any administration staff, maintenance staff etc. This is reinforced via condition of consent (refer to Condition 24).
Concerns regarding the block being too small to accommodate the proposed development.
The subject site has a lot size of 722.1m2. In accordance with Clause 25(2) of SEPP (Educational Establishments and Child Care Facilities) 2017, centre-based child care centres may be located on sites of any size. This specific concern does not warrant refusal of the application.
Concerns regarding the proximity of the The proposal has been referred to the
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The creek is a protected restricted area from building any structures and retaining walls etc.
to protect the creek environment.
Overdevelopment has resulted in loss of the natural habitat and water flow, fauna and flora.
This was disturbed significantly with the land clearing for the blocks of land along Fairway Drive and the subsequent water and sewage system installations for the blocks on Parsons Circuit.
The addition of an underground structure and retaining walls, so close to the creek bed will significantly and irreversibly destroy this creek system further.
conditions of consent (refer to Condition 3). There is no legislative requirement, restriction on title or otherwise which requires that the subject site be maintained for ecological purposes. The concerns about environmental damage to the creek are unrelated to this specific Development Application.
Streetscape and Character
Concerns regarding the architectural design of the proposed child care centre.
The proposed child care is commercial in appearance. The building design and façade does not reflect the predominant form of surrounding land uses. The proposed development does not recognise predominant streetscape qualities such as building form, scale, materials and colours. The child care centre is out of place and will significantly impact the character of the whole area.
The compatibility of the proposed development is discussed in the body of the report. It is considered that this matter does not warrant refusal of the application.
Concerns regarding non-compliance with the required building setbacks as mandated by the relevant 88B Instrument. The 88B Instrument requires the following: “no dwelling house or other structure shall be constructed on the lot(s) hereby burdened that is set back less than 6 meters from the boundary with the primary road frontage complying with the requirement of the Hills Shire Council.” This requirement is not met, as the front entrance wall is less than 6 metres from the front boundary.
The proposal results in a variation to the front setbacks as required by DCP Part D Section 7 – Balmoral Road Release Area and the relevant 88B Instrument. This variation is discussed in the body of the report and does not warrant refusal of the application. A separate application would be required if the child care centre is converted to a dwelling house.
Concerns regarding the provision of basement parking. Basement parking not permitted by DCP Part D Section 7 – Balmoral Road Release Area and is out of character. Underground parking has not been afforded to other residents in the street. It is unfair if the child care centre gets converted back to a residential home and has basement parking.
Basement parking is not specifically prohibited by the DCP. Each application is assessed on its individual merits and in this instance, it is considered that the proposed basement will not result in any adverse environmental impacts.
Concerns regarding the proposed child care detracting from the residential appeal and charm of Parsons Circuit. Council has already imposed significant restriction/enhancements to all residents building in this circuit.
The compatibility of the proposed development is discussed in the body of the report. It is considered that this matter does not warrant refusal of the application. The proposal is not considered to have an adverse amenity
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Residents paid a premium to live in the Balmoral Road Release Area due to the setbacks which not only makes it more attractive but also provides more privacy and less noise in comparison to other areas.
impact on adjoining and adjacent properties in respect to privacy and noise.
Traffic and Parking
Concerns about the traffic and safety impacts of the proposed child care centre.
The width of Parsons Circuit is not wide enough and the location is not safe enough to sustain the proposed 36 children plus 6 staff child care centre.
The proposal has been supported by a traffic report, prepared by TEF Consulting, and reviewed by Council’s traffic engineers. The report concludes that the additional traffic generated by the proposed development will have an acceptable impact on the existing street network operation. The straight road configuration and consistent alignment of Parsons Circuit indicate that the sight distance for vehicles travelling at 50km/hr to be within acceptable limits.
Concerns about the width of Parsons Circuit.
There is no opportunity for vehicles to pass each other when vehicles park on the road.
The proposal has been reviewed by Council’s Traffic Engineer. On local roads, such as Parsons Circuit, there is an expectation that motorists pull in adjacent to an existing driveway to allow traffic from the opposite direction to pass.
Parsons Circuit is 8 metres wide. The width of Parsons Circuit is consistent with local road widths.
Concerns regarding patrons of the child care centre driving on Parsons Circuit. It is expected that patrons will drive around the loop of Parsons Circuit after dropping children to this centre as a means to turn right back onto Fairway Drive. Parsons Circuit was not designed to be a public thoroughfare road.
There is no restriction preventing drivers from traversing around Parsons Circuit.
Parsons Circuit is a public road.
Concerns regarding the traffic growth of Fairway Drive.
Fairway Drive is a main road with several bus routes and provides key access to the Norwest business areas and railway and schools. In close proximity there are nursing homes and retirement villages which add to the cars/traffic in this area and will only further increase in number with further proposed development. In addition, there will be even more high-rise residential dwellings feeding onto this major road. Parsons Circuit is also at a very busy T way intersection, with many cars performing a swift turn into and out of Parsons Circuit to Fairway Drive which is extremely dangerous as it is for residents. Adding a commercial number
Fairway Drive is a major collector route identified in the road hierarchy. The road is expected to have approximately 10,000 vehicle movements per day when the Balmoral Road Release Area is fully developed. The proposed child care centre will have no significant impact on the operation of Fairway Drive.
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and out onto this very busy corner of the road only magnifying the risk to the residents, families with young children, staff and also other travellers in cars or by foot using fairway drive.
This dangerous situation can only get worse due to the close proximity of the turn onto parsons within a few meters from this busy intersection or T junction. With a larger number of cars coming in and out of this proposed centre this dangerous entry point can only get worse and not better.
Concerns regarding the safety of the intersection of Parsons Circuit and Fairway Drive. A roundabout or traffic lights should be installed at the intersection of Parsons Circuit and Fairway Drive or there will be an accident.
How long will it take and how many accidents need to happen for council to see this?
The traffic report identifies that the Parsons Circuit and Fairway Drive operates at a good level of service (LoS).
It is not considered that there is a safety issue at this intersection or that a roundabout or traffic lights are warranted.
Concerns regarding the safety of the intersection of Severn Vale Drive and Fairway Drive. There is a need for a roundabout or traffic light at this intersection. Traffic continues to line up along fairway drive and Severn Vale Drive during peak hours.
Within Council’s DCP for Balmoral Road Release Area, there are proposed roundabout treatments along Fairway Drive. This includes the intersection of Severn Vale Drive and Fairway Drive. A roundabout at this location will act as a traffic calming device that is expected to see an overall reduction in traffic speed and thereby provide more opportunities for vehicles to turn right into Parsons Circuit from Fairway Drive. Works for this roundabout are expected to commence this year.
Concerns regarding patrons of the child care centre utilising on-street parking. Residents do not permit any such parking alongside our homes. The child care centre also may have functions which will require additional parking.
On-street parking cannot be regulated or by residents, nor restricted to be used only for residents. Sufficient parking has been provided on-site in accordance with Council’s DCP.
Concerns regarding the use of Parsons Circuit for parking associated with the sporting fields to the north of the neighbourhood.
There are vehicles using the street for parking on variable days to access the baseball field.
This use is variable but also has families with children that are non-residents already using Parsons Circuit for parking.
The sporting fields to the north of Parsons Circuit are provided with a car park. Further to this, there is no restriction on persons utilising publicly available on-street parking. This issue does not directly relate to the subject Development Application for a child care centre.
Concerns regarding residents accessing their existing driveways. Residents are already at risk when reversing in and out of our driveways and have had many near misses. The proposed development will increase the risk.
Neighbouring residents’ ability to manoeuvre in and out of their driveways is not considered to be impacted by the proposed development considering the low speed limit of the road.
Concerns regarding pedestrian safety within the vicinity of the site. There is no provision for
The proposal provides the required amount of on-site parking as per the
LOCAL PLANNING PANEL MEETING 17 MARCH, 2021 THE HILLS SHIRE
walking kids safely using the stated roads like Severn Vale Drive, Balmoral Road or Fairway Drive.
DCP. Furthermore, there is existing pedestrian infrastructure along Fairway Drive and Balmoral Road. It is not considered that the existing pedestrian infrastructure is unsafe for patrons utilising the child care centre. It is generally expected that young children will be supervised by parents if they are walking along footpaths on local roads.
Concerns regarding the accuracy of the traffic report. The traffic report is unrealistic, taking into account assumptions that are not practical and does not reflect or address the concerns of the residents and families living on Parsons Circuit.
The traffic report includes incorrect information, out of date aerial photographs and does not provide correct information. The traffic report needs to be updated and the objector wishes to sit with traffic report information collectors.
The traffic report has been prepared by a suitably qualified traffic engineer and has been amended during the assessment process in response to concerns regarding the accuracy and legitimacy of the report.
The submitted traffic report is considered acceptable to enable Council staff to assess the anticipated traffic impacts of the proposed development.
Council’s Traffic Engineers have assessed the traffic and parking impacts of this proposal and raise no objections.
Concerns for the safety of residents and anyone that may use the child care centre, Fairway Drive or drive into or out of Parsons Circuit.
The proposed child care centre is not considered to have any unacceptable safety impacts on any person utilising the child care centre or neighbouring resident.
Concerns regarding a lack of loading and unloading zone. There are no designated delivery and loading areas located away from the main pedestrian access to the building and in clearly designated, separate facilities. This does not address how delivery trucks will access the site, as they will not be able to access the restricted height car park in the basement.
Delivery trucks are not required to load and unload on-site. The proposed child care centre is not an intensive operation and will not require the loading and unloading of bulk goods on a daily basis.
Acoustic Impacts
Concerns regarding acoustic and noise impacts that may arise from the proposed child care centre. Having children and staff in a compact space will result in a significant noise impact to all homes. Furthermore, the noise impacts from the child care centre will disrupt neighbours when working from home.
The proposed child care centre has been supported by an acoustic report. The report has been reviewed by Council’s Environmental Health Officer and is considered acceptable subject to conditions of consent (refer to Conditions 16, 68, 72, 74, 79, 81 and 82).
Concerns regarding the accuracy of the acoustic report. The acoustic report and was completed prior to the development of neighbouring residential properties. Furthermore, the acoustic report is out of date and the objector wishes to
The acoustic report has considered the acoustic impacts on adjoining residential impacts irrespective of their development.
The acoustic report identifies the location of the placement of noise loggers (refer to
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Environmental Health Officer and is considered acceptable subject to conditions of consent. There is no legislative requirement for neighbours to be present when an acoustic report is prepared.
Figure 3 – Location of Subject Site and Placement of Noise Loggers Concerns regarding the proposed hours of
operation. Commercial operations for 11 hours a day is inappropriate for a residential area.
The proposed hours of operation are 7:00am to 6:00pm. The proposed hours of operation are consistent with the recommended hours of operation as per the Child Care Planning Guidelines and are considered acceptable.
Concerns regarding operations outside of designated hours of operation. Staff will arrive prior to 7:00am to prepare for work, impacting the amenity of neighbouring properties.
Whilst staff may arrive prior to the opening of the child care centre, this is not considered to result in an adverse impact on surrounding residents as the child care centre will not be in operation until 7:00am.
Concerns regarding additional functions and events that may be held within the child care centre. These additional functions may impact the amenity of neighbouring properties.
A detailed Plan of Management has been submitted with the Development Application. The POM details that on special occasions, additional functions may occur. Conditions of consent will be imposed to regulate the intensity of the overall use (refer to Conditions 66 and 80).
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Concerns regarding the child care centre, and the outdoor space being adjacent to a public road. The design of the child care centre is not safe for future children attending the facility as vehicles may crash into the child care centre.
A crash barrier has been proposed around the outdoor play area for the child care centre. The construction and maintenance of the crash barrier will be reinforced via conditions of consent (refer to Conditions 58, 67 and 78).
Waste Collection
The child care centre will generate excessive rubbish and waste. As 11 bins are required, the frontage will be lined with bins. View lines will be obscured whilst bins are out which will impact safety.
The proposal provides a bin storage area in the front setback. The bin storage area will act as the collection point – a ‘wheel out wheel back’ service will be adopted, where collection staff access the bins from the bin room, wheel them out to the truck parked on the side of the road, and wheel the bins back to the bin room once collection is complete. Bins will not be permitted to be presented to the public nature strip for collection purposes (refer to Condition 76 and 77).
Other Matters
Concerns regarding the assessment process of this application. Residents are disappointed that Council staff has continued to allow this development application to be subject to repeated community/resident consultation despite it not complying with Council’s own requirements and prohibitions in addition to use of a traffic assessment that continues to be conducted during low activity dates and height of a pandemic.
The proposal has been assessed against the relevant legislation and policies. This has been discussed in the body of the report. The proposal has been notified in accordance with the DCP. Whilst it is noted that COVID restrictions may have an impact on traffic volumes for the preparation of the traffic report, the application cannot be refused based on this. The expected traffic generation has been considered and is considered acceptable.
There is limited pedestrian connectivity to the local community, businesses, shops, services and the like, and no pedestrian crossing on Fairway Drive, Severn Vale Drive or Parsons Circuit, creating a significant danger for pedestrian safety, particularly for young children crossing roads with parents.
There is an existing footpath along Fairway Drive which will be extended along the frontage of Parsons Circuit, in front of this child care centre (refer to Condition 11).
There is no demonstrated need or demand for a child care centre in Parsons Circuit given there are multiple existing and proposed child care centres within the vicinity of the site.
In accordance with Clause 25(2) of SEPP (Educational Establishments and Child Care Facilities) 2017, centre-based child care facilities are permitted to be located any distance from an existing or proposed early education and care facility. This concern does not warrant refusal of the application.
The proposed child care centre will not meet Workplace Health and Safety requirements.
Compliance with Workplace Health and Safety requirements is not a matter of consideration under Section 4.15 of the Environmental Planning and Assessment